IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140017546 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 2013 be amended to show his service in Kuwait as 20030201 to 20040201 (1 February 2003 to 1 February 2004) instead of 20031201 to 20040201 (1 December 2003 to 1 February 2004).

2.  The applicant states:

* he arrived in Kuwait 4 April 2003 and left on 1 February 2004
* based upon what is shown on his officer evaluation reports (OER), he contends his service in Kuwait should be reflected as being from 
February 2003 to February 2004
* only his last OER was considered when the length of his deployment was calculated
* he discovered the mistake after he retired

3.  The applicant provides:

* DD Form 214
* two DA Forms 67-9 (OER) covering the period 8 February 2003 through 1 February 2004
* DA Form 638 (Recommendation for Award)
* Bronze Star Medal Certificate
* DA Form 4037-E (Officer Record Brief (ORB))

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed as a second lieutenant in the Texas Army National Guard (TXARNG) and executed an oath of office on 13 April 1996.  His basic branch was the Corps of Engineers.

3.  He was honorably separated from the TXARNG on 6 October 1998 and transferred to the USAR Control Group (Reinforcement).  A DD Form 214 for the period ending 24 June 1999 shows he completed the Quartermaster Officer's Basic Course and was awarded the specialty of 92A (Quartermaster).

4.  He was ordered to active duty on 12 August 2001 and remained on active duty until he retired by reason of sufficient service for retirement on 31 May 2013.  His DD Form 214 shows 11 years, 9 months, and 19 days of net active creditable service.  He had 9 years, 3 months, and 3 days of prior active service and 5 years, 7 months, and 1 day of prior inactive service.

	a.  Item 12f (Foreign Service) shows 2 months and 1 day.

	b.  Item 18 contains the comment "Service in Kuwait 20031201-20040201."

5.  His official military personnel file (OMPF) does not contain deployment orders to Kuwait.  His ORB shows he served 9 months in Kuwait, returning to the U.S. in February 2004.  Using this entry, he would have arrived in Kuwait during the month of May 2003.

6.  His OMPF contains a DA Form 638 and associated award certificate for an Army Commendation Medal for the period 1 May 2003 to 15 November 2003.  Both show the unit to which the applicant was assigned was stationed in Kuwait.

7.  According to the Defense Finance and Accounting Service (DFAS), the applicant received Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion for the period 7 April 2003 to 1 February 2004 for service in Kuwait.

8.  The applicant provides:

	a.  An OER for the period 8 February 2003 through 30 November 2003 showing his unit as the 827th Quartermaster Company, 90th Reserve Support Command (RSC).  His principle duty title is Battalion Maintenance Officer.  Comments by the rater discuss his performance during Operations Enduring and Iraqi Freedom.  His rater mentions the applicant provided support to deployed units and took command of a general support supply company.  His senior rater cited his performance during the execution of the Theater general support Class III mission.  There are no comments which shed light on when the applicant arrived in Kuwait.

	b.  An OER for the period 1 December 2003 through 1 February 2004 showing his unit as the 226th Area Support Group, Kuwait.  His principle duty title was Operations Officer.  Comments by both the rater and senior rater discuss the applicant's performance in support of Operation Iraqi Freedom.  There are no comments which shed light on when the applicant first arrived in Kuwait.

	c.  A DA Form 638 showing the period for the recommended award of the Bronze Star Medal was 1 May 2003 to 15 November 2003.  This recommendation was downgraded to an Army Commendation Medal and the applicant was given this award on Permanent Orders (PO) Number 335-35, dated 3 December 2003, issued by Commander, 377th Theater Support Command (TSC), Kuwait.

	d.  A Bronze Star Medal Certificate showing the period of the award as 1 February 2003 to 1 February 2004.  This award is shown as authorized by PO Number 054-134, dated 23 February 2004, issued by Commander, 377th TSC, Kuwait.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policy and procedures for the completion of the DD Form 214.  

	a.  Regarding item 12f, it states the source of the entry is the ORB.

	b.  As to entering dates of service while being deployed, the regulation states, for a Reserve Soldier ordered to active duty and deployed to a foreign country, enter "service in (name of country deployed) from (inclusive dates shown as YYYYMMDD - YYYYMMDD."
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests item 18 of his DD Form 214 be amended to show he served in Kuwait from 1 February 2003 to 1 February 2004.  In support of his contention, he provides two OERs which show he served in positions that provided logistical support during Operations Enduring Freedom and Iraqi Freedom.  He additionally submits an award recommendation for a Bronze Star Medal (later downgraded to an Army Commendation Medal) and an award certificate for the Bronze Star Medal, each showing different periods for which the awards were given (1 May 2003 to 15 November 2003 and 1 February 2003 to 1 February 2004, respectively).  Lastly, on his application to the Board, he states he arrived in Kuwait on 4 April 2003.

2.  Both evidence the applicant has offered as well as the available record give conflicting dates as to the period of his service in Kuwait.

	a.  His ORB shows he was deployed 9 months in Kuwait, returning in February 2004.  This would make his deployment dates as being from May 2003 to February 2003.

	b.  The DA Form 638 he provides shows the period for the award as 1 May 2003 to 15 November 2003.  The award was given by the 377th TSC in Kuwait and the applicant's unit of assignment is shown as being in Kuwait.

	c.  The award certificate for the Bronze Star Medal shows the period of the award as 1 February 2003 to 1 February 2004.  This award was also given by the 377th TSC.

	d.  Although contending his deployment dates should be shown as 1 February 2003 to 1 February 2004, the applicant states, in his application to the Board, he arrived in Kuwait on 4 April 2003.

3.  DFAS identifies his service in Kuwait as being for the period 7 April 2003 to 1 February 2004.  The information provided by DFAS is generally regarded as the best source for verifying a Soldier's deployment dates.

4.  Based on the dates provided by DFAS, there is sufficient basis upon which to amend the applicant's deployment dates to Kuwait reflected on his DD Form 214 for the period ending 31 May 2013 so that they are shown as 7 April 2003 to 1 February 2004.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 31 May 2013 as follows:

	a.  deleting the entry in item 12f and deleting the entry in item 18 which states "Service in Kuwait 200312001-20040201."

	b.  adding to item 12f the entry 0000/09/26 and adding to item 18 the entry "Service in Kuwait 20030407-20040201."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing the applicant's period of deployment to Kuwait as being for the period 1 February 2003 to 1 February 2004.



      ____________X__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20140017546





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ABCMR Record of Proceedings (cont)                                         AR20140017546



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